The construction of the rule of law in the Republic has ushered in a historic moment——
May 28, 2020 afternoon, Beijing, Great Hall of the People.
On May 28, 2020, the Third Session of the 13th National People's Congress voted on the Civil Code of the People's Republic of China (Draft). Photo by Xinhua News Agency reporter Ding Haitao
The Third Session of the 13th National People's Congress passed the "Civil Code of the People's Republic of China" with 2,879 votes in favor, 2 votes against and 5 abstentions.
After five years of sharpening a sword, China has entered the "era of civil code". This is the first law named after the "Code" in the history of the People's Republic of China, which carries the dreams of several generations of legislators, legal workers and even hundreds of millions of people.
Open a new era of civil law in China
Civil law is a basic and comprehensive law in the civil field. The compilation of the Civil Code is a vivid portrayal of a country's legal tradition and belief in the rule of law, and reflects the unremitting progress of a nation.
Chongqing, on the banks of the Jialing River, at the foot of Geyue Mountain.
Jin Ping, a nearly 100-year-old jurist, clearly remembers the three drafts of the civil law of New China that he personally experienced.
"The first time was in 1954, the second time was in 1962, and the third time was in 1979." Jinping said, "It must be recognized that only when economic and social development, the people live and work in peace and contentment, and the rule of law is deeply rooted in the hearts of the people can the Civil Code have the conditions for successful codification." ”
The progress of China's civil law has never stopped. Since the reform and opening up, separate civil laws such as the General Principles of the Civil Law, the Contract Law, and the Property Law have been promulgated one after another, and the system of civil legal norms has gradually been completed.
Since the 18th National Congress of the Communist Party of China, the CPC Central Committee with Comrade Xi Jinping at the core has led hundreds of millions of people to forge ahead and open up a new voyage. Comprehensively governing the country according to law has been incorporated into the "four comprehensive" strategic layout, and the cause of the Party and the country has made historic achievements and undergone historic changes.
The steady and far-reaching development of economic development depends on the civil law system to adjust relations and maintain order; Social life is clean and upright, and the civil law system needs to be clear and clear, turbidity and purity; The construction of the rule of law is inseparable from the civil law system to lay a solid foundation and keep pace with the times.
In October 2014, the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) adopted the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing the Rule of Law, which clearly proposed the "codification of the Civil Code".
"This is undoubtedly a breakthrough node in the history of our country's civil law." The white-haired Jin Ping still couldn't hide his excitement when he recalled that time, "Only in this era can our own civil code be born." ”
Great times give birth to great legal codes. The compilation of a civil code that is in line with the national conditions and realities of the mainland, is scientific, rigorously structured, standardized and reasonable, complete in content, and is coordinated, is inseparable from a strong core of leadership and scientific ideological guidance.
In June 2016, August 2018 and December 2019, General Secretary Xi Jinping presided over three meetings of the Standing Committee of the Political Bureau of the CPC Central Committee, listened to and agreed in principle to the report of the Party Group of the Standing Committee of the National People's Congress on the compilation of the Civil Code, made important instructions on the compilation of the Civil Code, and provided important guidance and basic compliance for the compilation of the Civil Code.
"From the beginning to the end, the compilation of the Civil Code was carried out under the leadership of the Party Central Committee." A responsible person of the Civil Law Office of the Legislative Affairs Commission of the NPC Standing Committee said: In accordance with the guiding ideology of the compilation of the Civil Code, the legislature has established the important concept of "codification legislation."
-- Rather than formulating entirely new civil laws, we are revising existing civil legal norms.
-- Instead of simply "putting potatoes in sacks," it is necessary to revise and improve the regulations that are no longer suited to the actual situation, and to make new regulations aimed at the new situations and new problems that have emerged in economic and social life.
In order to do a good job in the compilation of the Civil Code, the Party Group of the Standing Committee of the National People's Congress has repeatedly requested instructions and reports from the Party Central Committee, and reported on major issues such as the overall considerations, work steps, and structure of the compilation of the Civil Code.
"The strong leadership of the CPC Central Committee is a decisive factor in our successful completion of the compilation of the Civil Code." Sun Xianzhong, a deputy to the National People's Congress and a member of the Faculty of the Chinese Academy of Social Sciences, who participated in the compilation of the Civil Code, revealed that many key issues and major controversies in legislation were resolved by the CPC Central Committee on the basis of scientific research and judgment.
The French Civil Code, which originated from the era of windmills and water mills, is known for its "enlightenment" of the modern civil law system. The German Civil Code, which comes from the early days of industrialized society, has been inherited for its logical rigor and thoroughness.
Under the great changes in the world unseen in a century, how does the Civil Code of China echo the times and write a strong stroke for the civilization of human rule of law?
If you want to grow its branches, you must deepen its roots. This is a civil code with distinctive Chinese characteristics -
Carry forward the Core Socialist Values, strengthen the comprehensive protection of personality rights, and safeguard the lawful rights and interests of family members...... The national spirit is integrated into the Civil Code, leading traditional virtues and social morality to take root in the hearts of the people.
Things change over time, and the law changes at any time. This is a civil code that fully reflects the characteristics of the times -
Coordinate the relationship between economic development and environmental protection, solve the contradictions and conflicts brought about by the development of artificial intelligence, and strengthen the protection of personal information in the Internet era...... The Civil Code keeps pace with the times and contributes Chinese wisdom to solving the common problems facing mankind in the 21st century.
The people are the foundation of the state and the foundation of the legal system. This is a civil code that effectively reflects the will of the people -
Solve the problem of high-altitude throwing objects, safeguard the legitimate rights and interests of community owners, and clearly prohibit usurious lending...... The Civil Code focuses on the concerns of the people, strengthens the protection of people's rights, and provides legal guarantees for the people to live and work in peace and contentment.
"In the legal system, if the constitution is the banner raised in the sky, then the civil law is the solid footsteps on the earth." Sun Xianzhong said, "Every step may be unremarkable, but it is these solid steps that have made the governance level of the whole country continue to improve." ”
A new era of scientific legislation,
The vivid practice of democratic legislation
In February 2020, the battle against the epidemic was at a critical stage.
Chen Haiyi, a deputy to the National People's Congress and president of the juvenile family trial division of the Guangzhou Intermediate People's Court, anxiously contacted the relevant departments of the Standing Committee of the National People's Congress, reported the problem of children who had no one to take care of them because their parents were isolated, and suggested that the relevant system should be improved.
At the 2020 Two Sessions, Chen Haiyi was pleasantly surprised to find that her recommendations had been echoed in legislation. In conjunction with epidemic prevention and control, the Civil Code further improves the guardianship system and weaves a denser net of protection for wards.
A civil code maps the level of legislation in a country.
Back in March 2015, the Legislative Affairs Committee of the Standing Committee of the National People's Congress launched the compilation of the Civil Code. Combined with the current situation of the mainland's civil legal system, the "two-step" plan was clarified from the beginning.
"The 'two-step' is an important guarantee for the successful compilation of the Civil Code." Sun Xianzhong said: First of all, the formulation of the general provisions of the civil law and the adjustment of the basic principles and general rules that must be followed in civil activities are important innovations. Then, other existing civil laws will be integrated and revised, and various subparts of the Civil Code will be codified.
"Innovation" and "integration" are coordinated and collocated, so that the Civil Code can reflect the forward-looking and open nature of legislation and effectively respond to the requirements of the times on the premise of maintaining the continuity and stability of the civil legal system to the greatest extent.
In March 2017, the Fifth Session of the 12th National People's Congress voted to adopt the General Provisions of the Civil Code, marking the first step in the codification of the Civil Code.
In August 2018, the draft of each subpart of the Civil Code was unveiled. In the more than a year since then, the Standing Committee of the National People's Congress has repeatedly split and deliberated on the drafts of various parts of the Civil Code.
The vast land of China has ten miles of different winds and hundreds of miles of different customs. In compiling the civil code and seeking a broad consensus on the basic norms of economic development and the people's lives, we must plunge down and listen to the voices of the people.
-- Legislation should be opened to seek the "greatest common divisor" of social consensus.
In January 2020, a consultation meeting on the draft Civil Code was held in Hongqiao Street, Changning District, Shanghai, where residents from all walks of life expressed their opinions and exchanged views with the legislature.
"Everyone put forward many opinions and suggestions on issues involving the vital interests of the people, and they also truly felt the continuous progress of the country's rule of law." Bian Xiaolin, an information officer at the grassroots legislative contact point, said.
The Standing Committee of the National People's Congress deliberated 10 times, solicited opinions from the public 10 times, organized NPC deputies to study and discuss 3 times, and convened special forums on issues on which opinions were concentrated and controversy was relatively large...... An extensive and enthusiastic "civil code discussion" has become a beautiful scenery in China under the rule of law.
-- Go deep into reality and make the people's code more down-to-earth and more effective.
In 2019, 32 bills related to the codification of the Civil Code were put forward by deputies to the National People's Congress;
Select key issues such as ecological environment, public interest litigation, and joint debts of husband and wife, and make a special trip to representative places for research;
In response to problems that the people have strong reactions such as property disputes, we visited the community and neighborhood committees......
Legislators go down to the grassroots level and widely absorb the opinions of all parties, so that the legislative concept and social development are synchronized, and the legal provisions are in line with the people's expectations.
In December 2019, the complete draft of the Civil Code, which was "combined" with the drafts of the General Provisions of the Civil Code and the drafts of the various parts of the Civil Code, was presented to the world for the first time.
During the two sessions in 2020, the deputies and members of the National People's Congress conducted serious deliberations and heated discussions on the draft Civil Code. They held that the draft law conforms to the mainland's national conditions and realities, reflects the will of the people, and embodies the basic tenets and spirit of the civil law and the inherent laws of civil activities.
According to the opinions of various parties, more than 100 amendments have been made to the draft, of which more than 40 are substantively revised -
It is forbidden for property management companies to use methods such as water cuts and power cuts to urge the payment of property fees;
Provisions are made for the problem of ground collapse and injury;
clarify the responsibility of public security and other organs for the investigation of high-altitude projectiles;
……
In the picture scroll of the Civil Code, legislators uphold the concept of "people first" and ensure that the party's ideas become the will of the state through legal procedures.
Guarantee the rights of the people,
Between the "people" and the "law", it shows the feelings of the people
The development of big data and information technology has blurred the boundaries of personal privacy.
The fitting room may have a hidden "third eye", mobile phones are bombarded with harassing phone calls, and photos are wantonly scandalized...... In the Internet era, can the law better protect your and my rights?
Turning the page of the Civil Code, the "personality rights" section is particularly eye-catching.
Clarify the definition of "privacy", improve the protection of portrait rights, establish basic rules for organ donation, and strengthen the protection of personal information...... The independent compilation of personality rights is considered to be a prominent highlight and major innovation in the Civil Code, which has raised the protection of personal freedom and personal dignity in mainland law to a new height.
People may not know that at the beginning of the compilation of the Civil Code, there was a heated discussion on "whether personality rights are independently compiled" -
It was suggested that, in order to maximize respect for and care for the "human person", it was necessary to comprehensively define the types of personality rights and the measures to protect them through a separate subpart.
It is also believed that the protection of human dignity in the Civil Code can be achieved through the relevant provisions of the General Provisions and the Tort Liability.
"Regardless of which opinion it is, everyone has the same goal, which is to strengthen the protection of personality rights, but there are differences in the form of legislation." Shi Hong, deputy director of the Civil Law Office of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, said, "Based on solving the new situation and new problems in the field of personality rights protection and emphasizing comprehensive protection, we have decided to separate personality rights into a separate part after repeated research. ”
-- This is a "declaration of rights" related to the livelihood, clothing, food, shelter and transportation of 1.4 billion people.
From enjoying all kinds of care on the ground, to the temples like frost around the knees; From welcoming the first rays of sunshine in the morning to resting and turning on the TV when we get home from work, we are dealing with civil law all the time, regulated by the law, and protected by the law.
Enjoy the joy of family, but don't know how old your child can make soy sauce? The General Provisions of the Civil Code tell you that the age standard for persons with limited civil capacity has been adjusted from 10 years old to 8 years old.
ushered in the "joy of housewarming", but encountered a brutal property? The contract section of the Civil Code adds provisions for property service contracts to better protect the rights of property owners.
Want to revise your will in your twilight years, but you can't afford to go to the notary office? New forms of wills such as video recordings have been added to the inheritance section of the Civil Code, and notarized wills are no longer valid.
……
"The compilation of the Civil Code is based on the principle of 'protecting the rights of civil subjects', and the protection of people's rights can be described as detailed." Shi Hong introduced that the compilation of the civil code, the existing civil law has lagged behind the provisions to find out and improve, form a more complete civil rights system, and better protect the rights and interests of the people.
——This is the "people's feelings" engraved between the lines.
Photographs of deceased relatives have been maliciously vandalized, and books that have been treasured for many years have been borrowed and "never returned...... When encountering both material and spiritual trauma, can the law provide a solution?
The Civil Code responds: expanding the scope of compensation for moral damages.
"This represents the expansion of the law from focusing on material protection to protecting spiritual rights and personality rights." Meng Qiang, director of the Civil Code Research Center of the Law School of Beijing Institute of Technology, commented.
From the General Provisions section clearly stipulating the protection of the interests of the fetus, to the marriage and family section increasing the protection of the innocent party in the marriage, to the inheritance section emphasizing respect for the true wishes of the testator...... The comprehensive protection of individual rights "from birth to grave" is the value of civil law, and it is also the distinctive attitude of the civil code.
This is the spiritual vein that runs throughout.
Based on the hot spots and difficulties of social development, focusing on the "blocking points" and "pain points" around the people, the Civil Code responds to the urgent needs and expectations of the people with legislation.
Respond to the public's deep hatred of sexual harassment, and clarify the relevant identification standards and the obligations of units to stop sexual harassment.
Focus on the phenomenon of "hegemony" and "steering wheel grabbing", which are strongly reflected by all walks of life, and refine the rights and obligations of both parties to the passenger transport contract.
……
Some people in the legal profession lamented that the Civil Code puts the protection of personal rights and personality rights in a more prominent position, which is conducive to meeting the growing needs of the people for a better life in the new era, improving the people's sense of gain, happiness and security, and promoting the all-round development of people.
Promote the "governance of China" to a higher level
In Shenzhen in May, the banks of the Guanlan River are verdant.
The construction of the mainland's first civil law theme park is in full swing. On the planning map, the suspended "civil law ring" stretches between the shadows of the trees, and the majestic civil law chronological axis marks the history of the development of civil law......
The law is the end of the rule. With the adoption of the Civil Code, this "Encyclopedia of Social Life" is about to enter your life and play a fundamental and overall role in all aspects of the economy and society.
From the civil law to the civil code, the word "code" reflects the improvement of the governance level of the entire country——
In recent years, many migrant workers and farmers in urban areas have encountered new problems: "Can the contracted land at home be 'rented' out for agricultural production?" ”
The people have called for something, and the law has responded. The Civil Code absorbs the achievements of the reform of the "separation of three rights" of contracted land, improves the relevant provisions on land contract management rights, and deletes the provision that cultivated land use rights shall not be mortgaged, so as to lay a solid legal foundation for the circulation of contracted land management rights after the "separation of three rights".
"This is a huge step forward, which will help to use the land to contract management rights and better stimulate the vitality of rural society." Huang Qi, a member of the National Committee of the Chinese People's Political Consultative Conference and an associate professor at the Law School of Shanghai Outer Chinese University, said.
The Civil Code is not only a declaration of rights, but also the basic observance and reliance of national governance.
From embodying the freedom of trade to emphasizing the spirit of contract; From the establishment of "special legal persons" to the improvement of the modern property rights system, the Civil Code embodies the basic requirements of the socialist market economy, clarifies the rules of conduct and basic compliance of civil and commercial activities, creates a good business environment based on the rule of law, and ensures high-quality economic development.
Stipulate punitive damages for environmental pollution and ecological damage, delineate norms for genetic and embryonic scientific research activities, and determine that online virtual assets are protected by law...... The Civil Code closely follows the pulse of the times, effectively enhances the contemporary, systematic and coordinated nature of civil legal norms, further improves the socialist legal system with Chinese characteristics, and contributes Chinese solutions and Chinese wisdom to the world's rule of law civilization.
——A civil code, casting the "spirit and spirit" of the Chinese nation.
During the two sessions in 2020, a video of "the little brother who repaired the air conditioner climbed to the 6th floor with his bare hands to save the girl" was widely circulated, which made many people admire; The case of "sudden death of a child who was injured and left in an obstruction" was written into the work report of the Supreme People's Court, and the court's fair judgment was praised by netizens......
A clean and upright society will not let those who act in righteousness fall into legal and moral dilemmas. The Civil Code encourages righteousness and courage, and clearly reduces the responsibilities of rescuers, so as not to let "heroes shed blood and tears".
Codify the civil code and interpret the legislative expression of the national spirit.
The thick Civil Code, the first of more than 1,200 articles, is solemn and eye-catching.
Different from the value concept of the Western Civil Code, the Mainland Civil Code clearly injects the core values of socialism into the core value of the mainland civil legal system.
Improve the circumstances under which marriage is prohibited, clarify the scope of joint debts between husband and wife, and establish a cooling-off period for divorce...... With the Civil Code as the key link, we will continue to carry forward and inherit the fine tradition of respecting each other as guests and loving each other.
"Establish a good family style" is written into the law to promote family virtues; Improve the system of subrogation and reduce inheritance disputes...... The Civil Code holds up the warmth of "home" and uses the "small happiness" of tens of millions of families to integrate into the "great harmony" of the country and the nation.
Provide a legal basis for resolving community disputes and maintain harmonious neighborhood relations; stipulate a system of "self-help behavior" to guide members of society to reasonably protect their rights; Improve the system of compensation for divorce damages, and protect the rights and interests of the innocent party...... The Civil Code establishes a clear orientation, leads public order and good customs, and demonstrates the law to secure the world and the hearts of the people.
-- The comprehensive revision of the code is not only about legislation, but also about the necessity of the law.
The life of the law lies in its implementation. The implementation of the Civil Code is a systematic and long-term project, which requires the joint efforts of all parties and unremitting efforts.
Justice is the last line of defense to maintain social fairness and justice, and it is also the key to the effective implementation of the law. It has been noted that the reports of the Supreme People's Court and the Supreme People's Court in 2020 both put forward that it is necessary to conscientiously implement the Civil Code and protect the legitimate rights and interests of civil subjects in accordance with the law.
"For young students in the stage of forming their outlook on life and values, learning the Civil Code is not only a process of popularizing the law, but also conducive to establishing the spirit of contract, awareness of rules and integrity." Xie Ziqing, a deputy to the National People's Congress and a professor at Hunan Normal University, said that it is recommended that all walks of life carry out activities to study the Civil Code as soon as possible in order to lay a good foundation for the smooth implementation of the law.
Legislation, law enforcement, justice, and law-abiding all perform their respective duties, with the participation of the broad masses of the people, so that the spirit and content of the Civil Code are internalized in the heart, practiced externally, integrated into daily life, and become the code of conduct for all members of society.
Seek the Tao by the law, and establish the country strongly. People-oriented, law-based.
This civil code, which has Chinese characteristics, reflects the characteristics of the times, and reflects the will of the people, will surely help the "governance of China" leap to a higher level and erect another monument of the rule of law on the journey of the cause of socialism with Chinese characteristics in the new era.
Source: Ministry of Justice, Xinhua News Agency